Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Divorce:
Request for attorney fees; failure of counsel to withdraw petition that had become moot because issue was settled; failure to notify court of resolution of the petition
(dunlap070910a)
(Posted: July 9th 2010)
Administrative Appeal:
Appeal of order affirming refusal to renew a liquor license; sufficiency of citation history to support decision to refuse renewal
(LCB062310g)
(Posted: July 2nd 2010)
Divorce:
Motion to set aside marriage settlement agreement; motion for contempt; failure to disclose assets; presumption based on agreement language; clear and convincing evidence; unconscionable agreement; failure to read agreement or consult with attorney before signing an agreement; failure of both parties to abide by terms of agreement
(PR063010m)
(Posted: July 2nd 2010)
Criminal:
Petition for habeas corpus relief; Megan's Law registration for Alaska conviction; similarity of Alaska offenses to Pennsylvania crime that requires registration; applying the plain language of the statute
(hykes060410L)
(Posted: July 1st 2010)
Criminal:
Motion for habeas corpus; sexual assault; prima facie case; unconscious victim; consumption of alcohol by minor prior to sexual activity
(morrison060910L)
(Posted: July 1st 2010)
Criminal:
Non-jury trial; DUI and drug possession case; urine test; lack of proof of drug in bloodstream; driving while license suspended; actual notice of suspension; deferred suspension
(ali062410L)
(Posted: July 1st 2010)
Armstrong and James S. Armstrong, Jr., Inc. vs. Allied Development, Inc.; L'Attache Consultants, LLC; Fairway Lending, Inc.; West Branch Abstract Services, Inc.; Nasworthy; Williams; Poorman
6.29.2010
Nancy L. Butts
Civil:
Appeal; preliminary objections; pleading a cause of action; agency relationship; pleading the authority of the agent; confidential relationship; gist of the action; fraudulent misrepresentation; specificity of pleading; conspiracy
(Armstrong062910bt)
(Posted: July 1st 2010)
Criminal:
Appeal; failure to grant mistrial; witness taking the Fifth during direct examination; questions based on defendant failing to call a favorable witness; defendant volunteering evidence of incarceration; evidence of arrest at probation officer's office indicating prior criminal conduct; passing reference to prior criminal activity; cumulative effect of errors
(Lewis062910bt)
(Posted: July 1st 2010)
Criminal:
Motion to suppress evidence; drug possession case; apartment door opened by landlord at request of police; lease provision allowing landlord to enter apartment in an emergency; suspicious activity in and around an apartment; protective sweep; reasonable suspicion that police were in danger; drugs and money in plain view; habeas corpus petition; sufficiency of evidence connecting drugs to defendant; constructive possession; conspiracy; prima facie case based on totality of circumstances
(BRYANT063010L)
(Posted: July 1st 2010)
Criminal:
Appeal
(dozier062810a)
(Posted: June 30th 2010)
Criminal:
Appeal; PCRA petition dismissal; timeliness of petition; appointment of counsel; request of court for remand
(Felder062810bt)
(Posted: June 30th 2010)
Civil:
Non-jury trial; complaint for specific performance of deed requirement for the conveyance of the sewage treatment plant to homeowners; deeds by implication or restrictive covenants; intent to the parties as clearly expressed in the deeds
(hart063010a)
(Posted: June 30th 2010)
Criminal:
Appeal of PCRA petition denial; effectiveness of counsel; reasonableness of choice not to call defendant as witness; court colloquy; potential harmful cross examination; allowing a manuscript that was arguably a confession to go to the jury; failure to request a cautionary instruction on statements admitted under hearsay exception; failure to object to prosecutor's comments on guilt; cumulative effect of attorney's ineffectiveness; failure to call experts
(Illes062910bt)
(Posted: June 30th 2010)
Criminal:
Appeal; timeliness of trial under rule 600; competency of 12 year old victim to testify at trial; statements admitted under Tender Years Act; coercive jury instructions; failure to object to jury instructions; prejudicial closing argument of prosecutor; sentencing errors; proper use of prior record score; weight of the evidence
(Woodring062910bt)
(Posted: June 30th 2010)
Criminal:
Motion to suppress; drug possession case; odor of marijuana as probable cause to believe a crime was being committed; failure to give Miranda warnings; custodial interrogation
(Gaines062310g)
(Posted: June 26th 2010)
Support:
Motion for reconsideration of support order; earning capacity; nurturing parent doctrine; sufficiency of parent's resources to pay additional support; reduction in child care costs; unequivocal testimony of both parties' intent for the children to be cared for by mother at home
(Steinbacher062110g)
(Posted: June 26th 2010)
Criminal:
Appeal
(ball061810a)
(Posted: June 19th 2010)
Criminal:
Appeal; post conviction relief act petition; factual predicate for appellant's claim was unknown until December 2009; timeliness; lack of exception to the filing deadline
(Felder061710bt)
(Posted: June 17th 2010)
Criminal:
Writ of habeas corpus; prima facie case; terroristic threats; threats made to children to harm them, as they passed defendant's home
(fisher05042010L)
(Posted: June 7th 2010)
Criminal:
Motion to suppress; confession; interrogation in the hospital while defendant is being treated for gun shot wound; lack of Miranda warnings
(Thomas-Smith051110L)
(Posted: June 7th 2010)
Criminal:
Motion to suppress; DUI; police interview in the hospital while defendant was being treated; custodial interrogation; implied consent to blood test; knowing, voluntary and intelligent consent
(spring051210L)
(Posted: June 7th 2010)
Criminal:
Motion to take judicial notice of facts; drug case; location of playground; reliability of MapQuest to establish distances; judicial notice of address in telephone book; failure of Commonwealth to meet burden of proof
(taylor05212010L)
(Posted: June 7th 2010)
Criminal:
Verdict; possession of marijuana
(barto052110L4)
(Posted: June 7th 2010)
Criminal:
Verdict; possession of marijuana
(barto052110L3)
(Posted: June 7th 2010)
Criminal:
Verdict; possession of marijuana
(barto052110L2)
(Posted: June 7th 2010)
Criminal:
Verdict; possession of marijuana
(barto052110L1)
(Posted: June 7th 2010)
Administrative Appeal:
Appeal; reversal of refusal to renew a liquor license; applicable legal standard; causal relationship to the manner in which the premises were operated; remedial measures by licensee
(LCB052010g)
(Posted: June 3rd 2010)
Criminal:
Appeal; DUI case; timeliness of suppression motion
(Rall060210g)
(Posted: June 3rd 2010)
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties for a period of at least 42 months; incarceration; protection from abuse order
(amb052810a)
(Posted: June 1st 2010)
Administrative Appeal:
Appeal of driver license suspension; license recall due to medical reasons; requiring a driver test; burden of proof
(Carn052510m)
(Posted: May 27th 2010)
Civil:
Non-jury trial; contract case; neighbor property maintenance dispute; proof of damages
(Pursell052610g)
(Posted: May 27th 2010)
Civil:
Motions for summary judgment; claims for declaratory judgment and quiet title; rights to all gas, oil and mineral rights; interpretation of reservation language in deed; exception/reservation language failing to include words of inheritance; public policy favoring free alienability of land
(Trowbridge052610g)
(Posted: May 27th 2010)
Adoption:
Petition for involuntary termination of parental rights of father by mother; failure to perform parental duties; long work hours as excuse; needs and welfare of child
(arr052610a)
(Posted: May 26th 2010)
Divorce:
Petition for contempt or for enforcement of order; sale of marital business; agreement for distribution of sale proceeds; debt owed to a party at time of sale of business; distribution of the recovered amount of the debt
(Palotas052410m)
(Posted: May 25th 2010)
Regis Insurance Company vs. Shultz, Big Dogz Sports Bar & Restaurant, Bear & Hunter Enterprises, Inc. and Copson
4.26.2010
Dudley N. Anderson
Civil:
Motion for summary judgment; duty of insurance company to defend and indemnify; assault in a bar; applicability of the assault and battery exclusion; court's reliance on the allegations of the complaint and not on facts learned in discovery
(regisinsurance042610a)
(Posted: May 21st 2010)
Criminal:
Petition for relief under the post conviction relief act; no merit letter; guilty plea; waiver of jury trial; counsel withdrawal from case at request of defendant; ineffective counsel; breach of plea agreement; adequacy of colloquy on jury trial waiver
(Cormier051310bt)
(Posted: May 14th 2010)
Criminal:
Petition for habeas corpus; threatening telephone call to a hospital medical group; evidence of the identity of the caller; sufficiency of the evidence
(Martin051010bt)
(Posted: May 12th 2010)
Criminal:
Appeal
(Tanner051210bt)
(Posted: May 12th 2010)
Criminal:
Appeal
(selby041410a)
(Posted: May 7th 2010)
Civil:
Motion for partial summary judgment; product liability; strict liability claim; factors considered; usefulness; likelihood of injury and probable seriousness; awareness of dangers; dangerousness of product
(evans042010a)
(Posted: May 7th 2010)
Administrative Appeal:
Appeal of denial of public housing application; pattern of criminal activity; mandatory language of statute
(thomas050410a)
(Posted: May 4th 2010)
Criminal:
Motion to suppress; search of a vehicle; seizure and holding of a vehicle incident to an arrest; marijuana seed in plain view; warrantless inventory search of vehicle after impoundment; petition for writ of habeas corpus; prima facie case of DUI; presence of marijuana metabolite in urine screen
(ali041310L)
(Posted: May 3rd 2010)
Criminal:
Motion to quash subpoenas; school records of victim; in camera review; confidentiality of IEP records, behavioral assessments, neuropsychological records, and psychologist's records; statutory protections
(bodle042010L)
(Posted: May 3rd 2010)
Criminal:
Motion to admit bad acts; sexual abuse case; evidence of possession of child pornography and that defendant showed violent and sexual websites to children; intent, plan or common scheme; weighing probative value with possibility of prejudice; cautionary instruction to the jury
(bodle042310L)
(Posted: May 3rd 2010)
Criminal:
Motion to suppress; theft and firearms charges; pursuit of a person without probable cause or suspicion; abandonment of stolen gun during pursuit
(wise042710L)
(Posted: May 3rd 2010)
Criminal:
Petition for writ of habeas corpus; perjury case; materiality of testimony; general statements; requirement of corroboration of evidence
(Cormier041210bt)
(Posted: April 30th 2010)
Criminal:
Appeal; sentencing discretion; considering prior record and victim impact
(Giacomi042910bt)
(Posted: April 30th 2010)
Criminal:
Petition for Writ of Habeas Corpus and a Motion to Suppress; traffic stop; sufficiency of the evidence; resisting arrest; consent to search vehicle; person fleeing police; resisting a Terry stop; search incident to Terry stop
(Gillison042910bt)
(Posted: April 30th 2010)
Criminal:
Petition for post-conviction relief; effectiveness of counsel; failure to call alibi witness to challenge change in story; failure to file alibi notice; failure to object to use of grand jury testimony; failure to object to the impartiality of the judge, based on statements the judge made in another case
(ball042910a)
(Posted: April 30th 2010)
Criminal:
Appeal; DUI case; sufficiency of evidence; excessive sentence; aggravated range for record of multiple offenses and history of driving under suspension; offense grading; definition of a traffic-way
(Snook042810k)
(Posted: April 29th 2010)
Civil:
Motions in limine; introduction of photographs depicting blood; discretion of the court; weighing evidentiary value with likelihood of inflaming passions; photographs of the damage to the vehicle are probative of the force of impact and final position; expert report relying on other doctor's records; scope of expert report; avoidance of unfair surprise
(Skrutsky042210g)
(Posted: April 23rd 2010)
Criminal:
Motion for post conviction collateral relief; effectiveness of trial counsel; showing that conviction resulted from ineffectiveness; suppression and severance issues
(dozier042310a)
(Posted: April 23rd 2010)
Criminal:
Appeal; motion to suspend collection of court costs; deductions from inmate account; jurisdiction of court of common pleas
(Lyons042210bt)
(Posted: April 23rd 2010)
Miele vs. Williamsport Municipal Airport Authority and Mountain Springs Landscaping & Lawncare
4.21.2010
Dudley N. Anderson
Civil:
Motion for summary judgment; slip and fall case; black ice; constructive notice issue
(Miele042110a)
(Posted: April 22nd 2010)
Civil:
Plaintiff's motion for partial judgment on the pleadings; standard of care owed to visitors on a property for premise liability purposes; status of occupiers of property; effect of issuance of judgment of possession in favor of landlord on status of tenants; lack of issuance and service of order of possession
(Segraves041310g)
(Posted: April 14th 2010)
Criminal:
Petition for writ of habeas corpus; burglary and theft charges; prima facie case; evidence from co-conspirator of defendant's taking of a safe and attempting to pawn coins taken from victim's home
(Mumin041310bt)
(Posted: April 14th 2010)
Criminal:
Appeal; juvenile adjudication; theft case; sufficiency of the evidence; eyewitness testimony; credibility of witnesses
(Colley041210m)
(Posted: April 12th 2010)
Criminal:
Suppression motion; search and seizure; overbroad warrant affidavit; veracity of informant; statements against interest; bill of particulars; information necessary to enlighten accused of the charges and to enable accused to form defense; discovery of officer's disciplinary records; petition for writ of habeas corpus; prima facie case
(camp040910bt)
(Posted: April 12th 2010)
Criminal:
Appeal; conviction for possession of a gun; testimony about the existence of a witness statement without getting into the substance is not grounds for a mistrial; sufficiency and weight of evidence; challenge to discretionary aspects of the sentence; bald assertion of excessiveness
(Turner031210bt)
(Posted: April 9th 2010)
Administrative Appeal:
Review of liquor license renewal refusal; history of adjudicated violations, that reoccurred; fights in or near the licensed premises without being addressed by licensee; lack of timely filing for renewal
(LCB040810g)
(Posted: April 9th 2010)
Divorce:
Appeal; alimony award; increased tax obligation; purpose of alimony; wife's physical disability; divorce agreement that anticipated increase in alimony
(Choate033010m)
(Posted: April 8th 2010)
Criminal:
Suppression motion; drug case; confidential informant information in conjunction with observed conduct is sufficient to create reasonable suspicion
(sanders040710bt)
(Posted: April 8th 2010)
Criminal:
Suppression motion; DUI investigation; reasonable suspicion to detain
(wesbury040710bt)
(Posted: April 8th 2010)
Criminal:
Commonwealth appeal; discovery order; disciplinary records of state police trooper; discretion of court; relevance of disciplinary records; similarity of recent case in which the trooper was disciplined; invasion of privacy; breadth of order; materiality of evidence; need for in camera review of disciplinary reports before disclosure
(brister040610bt)
(Posted: April 6th 2010)
Criminal:
Appeal; sufficiency of the evidence; use of threatening language; intent to alarm; inference from words or actions when viewed in light of all attendant circumstances; threatening telephone calls
(beamer040510a)
(Posted: April 6th 2010)
Civil:
Trial on damages in condemnation matter; comparable property; manipulation of figures by experts; unhelpful expert testimony; use of general conclusions based on the evidence
(horner040510a)
(Posted: April 6th 2010)
Support:
Award of dependency exemption for children; modification of child support; income calculation
(Swisher033110m)
(Posted: April 1st 2010)
Criminal:
Appeal; excessiveness of sentence; sexual abuse of children; rehabilitation needs; discretion of the court
(jordan031110br)
(Posted: March 30th 2010)
Criminal:
Motion for writ of habeas corpus; robbery case; inability of witness to testify about the occurrence leading to the charges; lack of identification; use of hearsay evidence as only basis upon which to hold a case for court
(houston031110L)
(Posted: March 30th 2010)
Criminal:
Motion to suppress identification; suggestive photo array; independent basis for an in-court identification; hearing to establish by clear and convincing evidence that the victim did not misidentify the defendant
(purnell031110L)
(Posted: March 30th 2010)
Criminal:
Motion to suppress; coordinate jurisdiction rule; application to actual parties to prior litigation; evidence obtained as a result of an illegal seizure and arrest
(taylor031110L)
(Posted: March 30th 2010)
Administrative Appeal:
License suspension appeal; operation of a vehicle while intoxicated; refusal to have blood tested; parked and running vehicle; operation and control of a vehicle
(Hastings032510g)
(Posted: March 29th 2010)
Criminal:
Motion to consolidate; same series of acts or transactions constituting an offense; suppression motion; reliability of confidential informant; personal knowledge of informant; corroborative information from victim
(Barto032910bt)
(Posted: March 29th 2010)
Criminal:
Appeal; hearsay rule; use at trial of verbatim contemporaneous recording of an oral statement by a co-conspirator that is inconsistent with his testimony
(fudge032310a)
(Posted: March 23rd 2010)
Criminal:
Appeal; denial of motion for mistrial; reference to prior record; lack of prejudice
(mcgraw031910a)
(Posted: March 22nd 2010)
Criminal:
Appeal; abuse of sentencing discretion; improper legal advocacy by probation department; recommendation of sentence by probation department; judge sentenced based on the entire factual record related to defendant's situation
(cajka031810bt)
(Posted: March 19th 2010)
Administrative Appeal:
Appeal; demolition order; proper standard of review; clear and convincing evidence
(Welch031610g)
(Posted: March 17th 2010)
Civil:
Appeal; injunctive relief; dog kennel; balancing of financial investment to right of neighbors to quiet enjoyment of their property under a municipal noise ordinance
(koleno031710a)
(Posted: March 17th 2010)
Support:
Federal child dependency tax exemption award; support calculation; health insurance considerations; reduction in pay of one parent
(Webb031110m)
(Posted: March 15th 2010)
Criminal:
Post conviction hearing act petition; no-merit letter; currently serving a sentence as precondition of filing a petition
(Lyons31110g)
(Posted: March 15th 2010)
Custody:
Petition to relocate child; father's move to New York to live with girlfriend; stability of the relationship; father's contradictory position when mother moved to Florida; failure to cooperate in alternate visitation arrangements; insufficient weight of economic advantage to move
(Kirch030910m)
(Posted: March 12th 2010)
Criminal:
Appeal
(Smith021810br)
(Posted: March 11th 2010)
Criminal:
Appeal
(Richardson021810br)
(Posted: March 11th 2010)
Criminal:
Omnibus motion; habeas corpus motion; preliminary hearing held before common pleas court judge; coordinate jurisdiction rule; severance; motion for disclosure; motion to suppress identification; suggestive photo lineup; photo array computer program
(stinnett022210L)
(Posted: March 11th 2010)
Criminal:
Suppression motion; traffic stop for speeding; drug dog "sniff" of vehicle; search of individuals who exited the vehicle; detention of defendant after he was told he could leave; no additional reasonable suspicion of criminal activity; lack of evidence of driver engaging in illegal activity; habeas corpus motion
(Gilder022310L)
(Posted: March 11th 2010)
Adoption:
Appeal; termination of parental rights; refusal to perform parental responsibilities; lack of parental relationship; lack of interest in the children
(DKRS22610k)
(Posted: March 11th 2010)
Criminal:
Murder case; death of a child; claim of excessive sentence and abuse of discretion; viability of claim of remorse; need to protect the public
(Peterkin031010br)
(Posted: March 11th 2010)
Criminal:
Appeal
(Lee030110bt)
(Posted: March 10th 2010)
Administrative Appeal:
Appeal of refusal to renew liquor license; de novo hearing; citation history; history of fights; lack of pattern of activity by bar that would warrant non-renewal of license; remedial measures taken by the bar
(LCB030110g)
(Posted: March 10th 2010)
Criminal:
Motion in limine; suppression of videotaped statement; Miranda rights; invoking God and the possibility of going to Hell to coerce a statement
(Bricker022610bt)
(Posted: February 28th 2010)
Administrative Appeal:
Appeal from decision of zoning hearing board; enforcement of the municipality's zoning laws; jurisdiction of the board; attempt to enjoin placement of recreational vehicle on a property; lack of violation; abuse of discretion
(Hornberger022210g)
(Posted: February 25th 2010)
Civil:
Mandamus action; enforcement of certain property maintenance code provisions; requiring the codes officer to issue notices of violation and pursue prosecution
(hamilton022510a)
(Posted: February 25th 2010)
Administrative Appeal:
Appeal from decision of township supervisors to deny extension of time to complete conditions of land development plan; standard of review; abuse of discretion; time of the essence; lack of explanation for failure to timely meet conditions
(rbmontoursville022210a)
(Posted: February 22nd 2010)
Civil:
Motion to strike jury demand; timeliness; good cause; out of county counsel; lack of prejudice
(Street021110m)
(Posted: February 17th 2010)
Criminal:
Appeal; sexual abuse of a child; jury trial; sufficiency of the evidence; credibility of the victim; inconsistent verdict
(Riggle021210br)
(Posted: February 16th 2010)
Criminal:
Appeal by the Commonwealth; habeas corpus petition; false identification offense; prerequisite of investigation of violation of the law
(Barnes021210br)
(Posted: February 16th 2010)
Criminal:
Appeal; rape of mentally disabled person; competence of the victim to testify; judicial questioning during the trial; lack of prejudice; fair and accurate depiction of scene in photographs; sufficiency and weight of the evidence; failure to object to admission of evidence
(Guthrie021210br)
(Posted: February 16th 2010)
Criminal:
Non-jury trial verdict; Megan's Law registration requirements; lack of fixed place of habitation; temporary employment in Pennsylvania
(benkoe02121L)
(Posted: February 16th 2010)
Civil:
Appeal; motions for summary judgment; causation; inability to establish how or why vehicle left road; interaction with immunity issues
(Wood021110g)
(Posted: February 12th 2010)
Criminal:
Appeal; denial of post conviction relief act petition; rejection of concurrent plea agreement; subsequent plea; consecutive sentence imposed
(Dimassimo01112010br)
(Posted: February 8th 2010)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
